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HomeMy WebLinkAbout2008 - Development Agreement - Mastro Properties - 20081003000213 20081003000213 PAGE 003 W01AG 62.00 KING3COUN Y, T WA1 Return Address: City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 -2599 Document Title(s): Development Agreement Citv of Tukwila Agreement 08 -082, Council Approval 8/18/08. Ref. Resolution #1667. Parties: Mastro Properties and the City of Tukwila Other: Last Name First Name Initials Company Name (if business) Address City State Zip Code Assessor's Property Tax Parcel /Account Numbers(s): 2423049137 Lo I, t A G I-� i A i U Kw 1 PI -i,-D A L e- 0001' L3 N ©c z V- C-, 08-082 Approved by Council 8-18-08 Res #1667 DEVELOPMENT AGREEMENT BETWEEN MASTRO PROPERTIES AND THE CITY OF TUKWILA FOR THE DEVELOPMENT OF A MULTI - FAMILY CONDOMINIUM PROJECT I. PREAMBLE This DEVELOPMENT AGREEMENT ( "Agreement ") between MASTRO PROPERTIES ( "Developer ") and the CITY OF TUKWILA ( "City") is entered into pursuant to the authority of RCW 36.70B.170 through .210, under which a local government may enter into a development agreement with any entity having ownership or control of real property within its jurisdiction. II. RECITALS A. The City previously entered into development agreement #06 -097 with Fountain Park, LLC ( "Fountain Park "), King County recording no. 20061120001126, for the development of a mixed -use, owner- occupied residential project in the Transit - Oriented Development ( "TOD ") area of the Tukwila Urban Center ( "TUC "). It was contemplated that this development, commonly known as "Tukwila Townhomes," would be an approximately 300 unit mixed -use residential development with approximately 5,000 square feet of retail space, more fully explained in the design schematics submitted to the City on September 12, 2006 by a prior developer. B. The Fountain Park development agreement also included a property exchange and a temporary easement provision to facilitate the "Strander Project." This project included the relocation of Union Pacific Railroad ( "UPRR ") right -of -way and track from its current location to a location adjacent to and west of the existing Burlington Northern right -of -way. It was agreed that upon UPRR's vacation of its current right -of -way to the City, the City would also convey a portion of the vacated right -of -way to Fountain Park. C. The City and Fountain Park completed the property exchange and the, only pending land exchange relates to 43 feet of the UPRR right -of -way. The condition for the expiration of the temporary easement has been met; therefore, the temporary easement has expired. D. The Tukwila Station development proposed by Fountain Park, however, was never built. A portion of the land transaction was completed, and 43 feet of UPRR right -of -way exchange is pending. However since the construction of Fountain Park development did not commence, the Fountain Park development agreement expired. E. The Developer subsequently acquired the Fountain Park property by deed in lieu of foreclosure since the Developer was the lender to Fountain Park. The Developer would like to proceed with the development as contemplated in the Fountain Park development agreement, which was for the development of a mixed -use, owner- occupied residential project with Page 1 of 7 C:\DOCUME- 1\Minnie \LOCALS -1\ Temp \XPGrpWise\MastroDevAgr_2.doc approximately 300 residential units and approximately 5,000 square feet of retail space, more fully explained in the design schematics submitted to the City on September 12, 2006, by a prior developer. This is agreeable to the City. F. As portions of the Fountain Park development agreement are no longer applicable and to clarify those portions that are still in effect, the parties have agreed to enter into this development agreement. G. A development agreement must be approved by ordinance or resolution after a public hearing (RCW 36.70B.200). H. A public hearing for this development agreement was held on August 18, 2008, and the City Council approved this development agreement by Resolution #1667, passed on August 18, 2008. BASED ON THE FOREGOING, and because successful development will be of long term benefit to the City and Developer, the parties hereby agree as follows: III. AGREEMENT 3.1. The Property. The property is legally described in Exhibit A, attached hereto and incorporated herein by this reference, located at 7300 Longacres Way, Tukwila, WA, Assessor's property tax number 2423049137, "Property 3.2 Parties. A. The "City" is the City of Tukwila, 6200 Southcenter Blvd., Tukwila, WA 98188. B. The "Developer" is a private enterprise which owns the Property in fee, and whose principal office is located as follows: Mastro Properties, 510 Rainier Avenue South, Seattle, WA 98144. 3.3 Effective Date. This Agreement shall become effective upon approval by the Tukwila City Council and execution by both Parties. 3.4 Termination of Previous Agreements. All previous development agreements entered into by the City related to this Property and/or the Tukwila Station development are terminated. This provision shall survive the expiration of this Agreement. 3.5 Vested Rights. Developer shall be vested to the following approvals for three years from the effective date of this Agreement: A. Design Review Approval granted by the City's Board of Architectural Review dated April 29, 2005. File Number L05 -015. Page 2 of 7 C:\DOCUM &-1 Minnie \LOCALS -1 \Temp\XPGrp Wise\MastroDevAgr_2.doc B. Conditional use permit approved by the City's Planning Commission on April 29, 2005. File Number L05 -014. 3.6 Previously Agreed Unon Terms. A. Upon completion of the relocation of the UPRR tracks and the City's acquisition of the existing UPRR right -of -way "Union Pacific Site more fully described in Exhibit B, attached hereto, the City shall convey to Developer for permanent parking purposes the Union Pacific Site. This conveyance shall be detailed in a formal conveyance document that will be executed at the time the City acquires the Union Pacific Site. As part of the conveyance, Developer shall provide the City with a bond or assigned saving account for 150% of the estimated cost of constructing permanent parking on the Union Pacific Site. This permanent parking shall be in conformance with all applicable City regulations and shall be completed within two years of the City's conveyance of the Union Pacific Site. B. Upon public notice by the City of its intent to sell the approximately 57 feet of remaining vacated UPRR right -of -way running adjacent to the Union Pacific Site, Developer shall submit a bid to the City in conformance with the City's bid requirements for the purchase of this property. Developer's bid shall be no less than the property's Fair Market Value at the time the City makes the property available for sale. C. Developer shall extend the existing sidewalk, located on the north side of the Tukwila Station property, west to the intersection with West Valley Highway. The construction and design standards of the sidewalk must be acceptable to the City's Public Works Director. D. The City is not responsible for procuring parking for Developer's development that was lost due to the termination of the Fountain Park temporary parking easement. E. This Agreement does not guarantee any project approval or that other conditions outside the terms of this Agreement will not be imposed by the City. 3.7 Termination. A. This Agreement may be terminated upon mutual agreement of the Parties. B. This Agreement shall terminate upon the abandonment of the development by Developer or if Developer does not construct the development as contemplated by the approval identified above. C. This Agreement shall terminate if Developer fails to submit complete development permit applications within one year from the effective date of this agreement. Page 3 of 7 C:\DOCUME -1 \Minnie \LOCALSit Temp \XPGrpWise\MastroDevAgr_2.doc IV. GENERAL PROVISIONS 4.1 Covenants Running With the Land. The conditions and covenants set forth in this Agreement and incorporated herein by the exhibits shall run with the land and the benefits and burdens shall bind and inure to the benefit of the parties. The Developer and every purchaser, assignee or transferee of an interest in the Property, or any portion thereof, shall be obligated and bound by the terms and conditions of this Agreement, and shall be the beneficiary thereof and a party thereto, but only with respect to the Property, or such portion thereof, sold, assigned or transferred to it. Any such purchaser, assignee or transferee shall observe and fully perform all of the duties and obligations of a Developer contained in this Agreement, as such duties and obligations pertain to the portion of the Property sold, assigned or transferred to it. 4.2 Incorporation of Recitals. The Recitals contained in this Agreement, and the Preamble paragraph preceding the Recitals, are hereby incorporated into this Agreement as if fully set forth herein. 4.3 Severability. If any term or provision in this Agreement, or the application of any term or provision in this Agreement to a particular situation, is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining terms and provisions of this Agreement, or application of this Agreement to other situations, shall continue in full force and effect unless amended or modified by mutual consent of the Parties. Notwithstanding the foregoing, if any material provision of this Agreement or the application of such provision to a particular situation is held to be invalid, void, or unenforceable, either Party may terminate this Agreement by providing written notice of termination to the other Party. 4.4 Applicable Law/Venue. This Agreement shall be construed and enforced in accordance with the laws of the State of Washington. The venue for any dispute arising under this Agreement shall be King County Superior Court. 4.5 Notice of Default /Opportunity to Cure/Dispute Resolution. In the event a Party, acting in good faith, believes the other Party has violated the terms of this Agreement, the aggrieved Party shall give the alleged offending Party written notice of the alleged violation by sending a detailed written statement of the alleged breach. The alleged offending Party shall have thirty (30) days from receipt of written notice in which to cure the alleged breach. This notice requirement is intended to facilitate a resolution by the Parties of any dispute prior to the initiation of litigation. Upon providing notice of an alleged breach, the Parties agree to meet and agree upon a process for attempting to resolve any dispute arising out of this Agreement. A lawsuit to enforce the terms of this Agreement shall not be filed until the latter of (a) the end of the 30 -day cure period, or (b) the conclusion of any dispute resolution process. 4.6 Attorneys' Fees. In the event of any litigation or dispute resolution process between the Parties regarding an alleged breach of this Agreement, neither Party shall be entitled to any award of attorneys' fees. Page 4 of 7 C: \DOCUME -1 \Minnie \LOCALS 1 \Temp\XPGrp Wise\MastroDevAgr.doc 4.7 No Third -Partv Beneficiaries. This Agreement is for the benefit of the Parties hereto only and is not intended to benefit any other person or entity, and no person or entity not a signatory to this Agreement shall have any third -party beneficiary or other rights whatsoever under this Agreement. No other person or entity not a Party to this Agreement may enforce the terms and provisions of this Agreement. 4.8 Entire Agreement. This Agreement and its exhibits represent the entire agreement of the Parties with respect to the subject matter hereof. There are no other agreements, oral or written, except as expressly set forth herein. 4.9 Authority. The Parties each represent and warrant that they have full power and actual authority to enter into this Agreement and to carry out all actions required of them by this Agreement. All persons are executing this Agreement in their representative capacities and represent and warrant that they have full power and authority to bind their respective organizations. 4.10 Recording. The Tukwila City Clerk shall record an executed copy of this Agreement with the King County Auditor, pursuant to RCW 36.70B.190, no later than fourteen (14) days after all parties have signed the agreement. 4.11 Legal Representation. In entering into this Agreement, Developer represents that it has been advised to seek legal advice and counsel from its attorney concerning the legal consequences of this Agreement; that it has carefully read the foregoing Agreement and knows the contents thereof, and signs the same of its own free act; and that it fully understands and voluntarily accepts the terms and conditions of this Agreement. 4.12 Minor Modifications. Minor modifications from the approved development or the exhibits attached hereto may be approved by the City's Department of Community Development Director in accordance with the provisions of the City's code and shall not require an amendment to this Agreement. 4.13 Police Power. Nothing in this Agreement shall be construed to diminish, restrict or limit the police powers of the City granted by the Washington State Constitution or by general law. Page 5 of 7 C:\DOCUME —.1 \Minnie \LOCALS -1 \Temp\XPGrp Wise\MastroDevAgr_2.doc IN WITNESS WHEREOF, Developer and the City of Tukwila. MASTRO PROPERTIES Date: t_r? J J Its: �Y�? STATE OF WASHINGTON COUNTY OF KING On t ss: this Agreement has been entered into by and between Page 6 of 7 C:\DOCUME -•1 Minnie \LOCALS -1 Temp \XPGrp Wise\MastroDevAgr_2.doc CITY OF TUKWILA Date: 0 1- By: aggerto or Approved as to Form: Shelley Kerslake, City Attorney Washington A c Residing at: My commission expires: day of 1 2008, before me personally appeared ljajrm,__, in (his/herb capacity as radaVA of Mastro Properties, a who executed the within and foregoing instrument, and acknowledg th said instrum t to be a free and voluntary act and deed for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. tatift klafilt/ Printed Name: NOTARY PUBLIC in and for the State of STATE OF WASHINGTON COUNTY OF KING On this f1 day of Sit i' i n' r 2008, before me personally appeared Jim Haggerton, known to me to be the Mayor of the City of Tukwila, a Washington municipal corporation that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of the City of Tukwila for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. ss: IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. III. O'F N, a��+nr Printed Name: C r t sTj ©f lu k Q P1 �j NOTARY PUBLIC in and for the State of fir° Washington s Residing at: i�t cry)) Q f �i► a s My commission expires: 94 hti ki WASH Page 7 of 7 C: \DOCUME -4 \Minnie \LOCALS --1 \Temp\XPGrp Wise\MastroDevAgr_2.doc LEGAL DESCRIPTION LOTS 1 AND 2 OF CITY OF TUKWILA SHORT PLAT NO. L98 -0007 AS FILED UNDER KING COUNTY RECORDING NUMBER 9803129013, RECORDS OF KING COUNTY, WASHINGTON. AND THAT PORTION OF THE HENRY MEADER DONATION CLAIM NO. 46 AND OF SECTION 24, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, LYING WEST OF THE BURLINGTON NORTHERN RAILROAD RIGHT —OF —WAY, EAST OF THE UNION PACIFIC RAILROAD RIGHT —OF —WAY, AND SOUTH OF A LINE 137 FEET SOUTH OF THE NORTH LINE OF SAID DONATION CLAIM AND NORTH OF THE CENTERLINE OF LONGACRES WAY. AND THE EAST 43.00 FEET OF THAT PORTION OF THE 100 FOOT WIDE UNION PACIFIC RAILROAD RIGHT OF WAY (A.K.A. CHICAGO MILWAUKEE ST. PAUL AND PACIFIC RAILROAD) LOCATED IN THE SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, WHICH LIES NORTHERLY OF THE CENTERLINE OF LONGACRES WAY AND SOUTHERLY OF PRIMARY STATE HIGHWAY NUMBER 1 (INTERSTATE 405) EXCEPT THE EAST 100.00 FEET OF ALL OF THE ABOVE. THE ABOVE DESCRIBED PARCEL CAN BE MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PORTION OF LOTS 1 AND 2 OF CITY OF TUKWILA SHORT PLAT NO. L98 -0007 AS FILED UNDER KING COUNTY RECORDING NUMBER 9803129013, RECORDS OF KING COUNTY, WASHINGTON. AND THAT PORTION OF THE HENRY MEADER DONATION CLAIM NO. 46 AND OF SECTION 24, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M. BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 1 THENCE N66 23'08 "E ALONG THE NORTH LINE THEREOF 25.89 FEET TO POINT ON A CURVE WHOSE RADIUS POINT BEARS S67'28'24 "W A DISTANCE OF 1735.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE TO THE RIGHT, SAID CURVE ALSO BEING PARALLEL TO AND 100 FEET WESTERLY OF THE WESTERLY MARGIN OF THE BURLINGTON NORTHERN RAILROAD RIGHT OF WAY, THROUGH A CENTRAL ANGLE OF 18'27'07" AN ARC LENGTH OF 558.75 FEET TO A POINT OF COMPOUND CURVATURE; THENCE SOUTHERLY ALONG A CURVE TO THE RIGHT SAID CURVE ALSO BEING PARALLEL TO AND 100 FEET WESTERLY OF THE WESTERLY MARGIN OF SAID RAILROAD RIGHT OF WAY, HAVING A RADIUS OF 2328.49 FEET THROUGH A CENTRAL ANGLE OF 0611'57 AN ARC LENGTH OF 251.93 FEET; THENCE SO2'07'28 "W ALONG A LINE WHICH IS PARALLEL TO AND 100 FEET WESTERLY OF THE WESTERLY MARGIN OF SAID RAILROAD RIGHT OF WAY A DISTANCE OF 555.03 FEET TO THE CENTERLINE OF LONGACRES WAY; THENCE S87'07'47 "W ALONG SAID CENTERLINE 239.32 FEET TO THE CENTERLINE OF THE EXISTING TRACKS OF THE UNION PACIFIC RAILROAD; THENCE NO3'37'43 "E ALONG SAID CENTERLINE 969.09 FEET; TO A POINT OF CURVE TO THE LEFT; THENCE NORTHERLY ALONG SAID CURVE TO THE LEFT HAVING A RADIUS OF 3730.49 FEET THROUGH A CENTRAL ANGLE OF 02'44'10 AN ARC LENGTH OF 178.14 FEET TO A POINT OF COMPOUND CURVATURE; THENCE NORTHERLY ALONG SAID CURVE TO THE LEFT HAVING A RADIUS OF 1878.02 FEET THROUGH A CENTRAL ANGLE OF 06'44'42", AN ARC LENGTH OF 221.08 FEET TO THE SOUTHERLY RIGHT OF WAY MARGIN OF PRIMARY STATE HIGHWAY NO. 1; THENCE N6623 "E ALONG SAID RIGHT OF WAY MARGIN 45.10 FEET TO A POINT ON A CURVE WHOSE RADIUS POINT BEARS S83'44'15"W A DISTANCE OF 1921.02 FEET; THENCE SOUTHERLY ALONG SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 01'02'03 AN ARC LENGTH OF 34.67 FEET TO THE POINT OF BEGINNING. SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. CONTAINING AN AREA OF 262,050 SQUARE FEET MORE OR LESS. TUKWILA TOWNHOMES PROJECT NO.: 08006 DRAWN BY: CJB ISSUE DATE: 07 -23-08 EXHIBIT 1 PAGE 1 OF 1 EXHIBIT 'A' It A Pacific Engineering Design, LLC Civil Engineering and Planning Consultants 08006EX -A LEGAL DESCRP.DWG 15445 53RD AVE. S., SEATTLE, WA 98188 PHONE: (206) 431 -7970 FAX: (206) 388 -1648 B SITE: PACENG.COM PROPOSED LEGAL DESCRIPTION AREA TO BE ABANDONED BY UNION PACIFIC RAILROAD AND ACQUIRED BY MASIRO PROPERTIES THE EAST 43.00 FEET OF THE FOLLOWING DESCRIBED PARCEL: THAT PORTION OF THE 100 FOOT WIDE UNION PACIFIC RAILROAD RIGHT OF WAY (A.K.A. CHICAGO MILWAUKEE ST. PAUL AMD PACIFIC RAILROAD) LOCATED IN THE SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 23 NORTH, RANGE 4 EAST, WM., IN KING COUNTY, WASHINGTON, WHICH LIES NORTHERLY OF THE CENTERLINE OF LONGACRES WAY AND SOUTHERLY OFPRIMARYSTATE HIGHWAY NUMBER .1. (INTERSTATE 405) CONTAINING AN AREA OF 59,180 SQUARE FEET MORE OR LESS. i s eze ny EXPIRES MAY 22 2005 VIA (1 ea EXHIBIT BI EXHIBIT B2 PROPOSED PROPERTY EXHIBIT AREA TO BE ABANDONED BY UNION PACIFIC RAILROAn AND ACQUIRED BY MAMO PROPERTIES 50 50` 1 .PROPOSED AREA Td BE ABANDONED BY UNION PAOFTC RAILROAD AND 1 57' ACQUIRED BYFOl1NTfi PACK L.[ -•C, 1 AS BUILT TRACKS ca e r`s A_LW_EI HFNIIY S, UNE GVT LOT DER n.0 46� .Z4, T 23 4 Wall. AS 9UILT j TRACKS- w EXIST. 700' Q I• v U.P R/R RIGHT x v 0 too 200 Of• WAY Z Q: SCALE: 1-200 4 1 I y h �oF CL. '9FC1 H i I LAN f sill 4 5r 43• 50' EXPIRES MAY 22 2005 5O. 9 8TH 5T LONGA —f t Z l I I WAY PREPARED 8 Y: I MONUMENTTED I 415 RAINIER BLyD CONSUL INC. SO. 158TH ST ISSAQUAH, WA. 98027 EXTENDED PH. [425]392 -5357